HS 11357(b)

[DRoseMVP2011]

I'm not sure what you mean by this. If HS 11357 (b) is only a infraction, and has nothing to do with a car or the dmv by itself without testimony, then why can't a guilty plea ahead of time save my DL?

I'm not sure what you mean by this. If HS 11357 (b) is only a infraction, and has nothing to do with a car or the dmv by itself without testimony, then why can't a guilty plea ahead of time save my DL?

 

[Cali408nia]

I'm not sure what you mean by this. If HS 11357 (b) is only a infraction, and has nothing to do with a car or the dmv by itself without testimony, then why can't a guilty plea ahead of time save my DL?

Have you called the police station that issued you your citation yet to ask about your pre-booking and what you need to do?

If it's an infraction there shouldn't be a court involved. Courts don't get involved with infractions, that was the point of the Governator changing it from a misdemeanor to an infraction. He said that too much money was being used having the court system deal with marijuana charges. If that's the case, then you don't have a plea. You pay the fine and get on with life. If only you'd do that already

Here's an article about the law change that notes some differences between misdemeanor and infraction. Other folks here know more differences between the two but I'm under the impression that you pay and move on with life. No plea, no court, no jury, and there shouldn't be a penalty to your license.

CA Marijuana Possession Reduced to Infraction - Legislation & Policymaking - FindLaw Blotter

 

[I_Got_Banned]

Courts don't get involved with infractions

Really??? When did that happen???

 

[DRoseMVP2011]

Really??? When did that happen???

Well, at least with traffic tickets you can usually plead guilty and pay the fine, thus avoiding court. I'm wondering if this applies to marijuana infractions as well.

 

[Cali408nia]

Really??? When did that happen???

Hey I said I don't know everything and the sentence before I said it shouldn't be, hence I don't know but I think that's true. If you guys know it all then go ahead and tell the OP exactly how it works. When I spoke of the 'court' I was more referring to a trial with a judge, but I do realize there are a number of courts that deal with different things. Bad wording on my part.

OP nobody has posted with this issue since the law got changed so I'm afraid that nobody knows the real cut and dry answer to exactly how it works yet. You don't want to tell us whether you called the police station yet so I'm guessing that's a no. Just calling to inquire about the process is not going to incriminate you in any way, you don't have to give your name or anything on the phone. Be proactive about this instead of ignoring the situation and hoping for educated guesses for answers. The advice on here by law enforcement officials is great advice for being free, but often times it contradicts the way I've personally been dealt with by the system. So just because someone says you should or shouldn't lose your license doesn't really mean it's guaranteed. There are no guaranteed answers here.

 

[DRoseMVP2011]

Hey I said I don't know everything and the sentence before I said it shouldn't be, hence I don't know but I think that's true. If you guys know it all then go ahead and tell the OP exactly how it works. When I spoke of the 'court' I was more referring to a trial with a judge, but I do realize there are a number of courts that deal with different things. Bad wording on my part.

OP nobody has posted with this issue since the law got changed so I'm afraid that nobody knows the real cut and dry answer to exactly how it works yet. You don't want to tell us whether you called the police station yet so I'm guessing that's a no. Just calling to inquire about the process is not going to incriminate you in any way, you don't have to give your name or anything on the phone. Be proactive about this instead of ignoring the situation and hoping for educated guesses for answers. The advice on here by law enforcement officials is great advice for being free, but often times it contradicts the way I've personally been dealt with by the system. So just because someone says you should or shouldn't lose your license doesn't really mean it's guaranteed. There are no guaranteed answers here.

Lol I'm not avoiding it. I called the police a while back and they told me that I still needed to be booked even though it was an infraction. However, I've heard differently from this board. So, at the moment, I'm simply confused.

 

[Cali408nia]

Lol I'm not avoiding it. I called the police a while back and they told me that I still needed to be booked even though it was an infraction. However, I've heard differently from this board. So, at the moment, I'm simply confused.

I hear ya. Did you accept the PD's answer or did you ask about why you need to when it's an infraction? This is probably the best answer you're gonna get:

Then it is likely their computer systems that are fouled up. You can always call them and ask them why you need to be pre-booked on an infraction, but they will probably tell you that you have to and no one will know why you do not have to be. If they cannot give you a good answer you might want to consult an attorney if you do not want to have your name entered into a state or local criminal offender record.

Aren't loopholes just great?! Sucks when the system isn't working how it was designed to. I'm also curious for myself, whether the citation you signed had a promise to appear date? And is it at a traffic court, or what kind of courthouse?

It would be great to have an attorney and fight for your rights, but from what *I* know, having your name entered into a state or local criminal offender record would not be the end of the world, because at the end of the day the crime was only an infraction. As we established a couple weeks ago, these records are not generally available to officers when you get pulled over, and they are looking for more serious stuff than infractions. And potential employers conducting backgrounds checks cannot discriminate on an infraction from what *I* know, if those state/local records were to even show up.

 

[DRoseMVP2011]

I hear ya. Did you accept the PD's answer or did you ask about why you need to when it's an infraction? This is probably the best answer you're gonna get:



Aren't loopholes just great?! Sucks when the system isn't working how it was designed to. I'm also curious for myself, whether the citation you signed had a promise to appear date? And is it at a traffic court, or what kind of courthouse?

The citation had a promise to appear date. But so did the speeding ticket I got last year, however I just payed the fine and avoided court. The court I have to appear at is the county superior court.

 

[dmcc10880]

The citation had a promise to appear date. But so did the speeding ticket I got last year, however I just payed the fine and avoided court. The court I have to appear at is the county superior court.

Then appear to the court on the time and date required.

If the police call you again about being prebooked, refer to SB 1449. End of story.

 

[DRoseMVP2011]

Then appear to the court on the time and date required.

If the police call you again about being prebooked, refer to SB 1449. End of story.

Can I plead ahead of time to avoid testimony about the car and therefore avoid losing my DL?

 

[dmcc10880]

Can I plead ahead of time to avoid testimony about the car and therefore avoid losing my DL?

Quite simply, does your citation give you options? A speeding ticket gives you options of paying the fine or going to court. If your citation gives you no option, then that's that.

While your license can be suspended as elaborated by CdWJava, some counties only enforce it when it deals with sale, transportation or distribution of marijuana.

Just go in, plead guilty and leave. Pleading guilty is just that, a plea. If the DA raises the issue of the license suspension, request to do community service or do drug classes. You won't know until you get there.

 

[Cali408nia]

Can I plead ahead of time to avoid testimony about the car and therefore avoid losing my DL?

It doesn't sound like it the way your citation has been issued. You have to go to court on the day you promised to appear. This is an arraignment. All you are doing is entering a plea of guilty or not guilty. Based on what CdwJava said, there's no way the court can suspend your license at an arraignment. All the judge wants is your plea, nothing else. If you plead not guilty and take it to a trial, that's when there's a potential for testimony to reveal whether or not a car was involved.

 

[BanksSuck]

You found your own answer.

Marijuana possession, up to one ounce, is treated like a traffic ticket. $100 fine and there will be no arrest record.

I believe CA decriminalized all possession under an ounce.

 

[dmcc10880]

All the judge wants is your plea, nothing else. If you plead not guilty and take it to a trial, that's when there's a potential for testimony to reveal whether or not a car was involved.

Huh? If one pleads guilty there's no need to go to trial.

 

[Cali408nia]

You found your own answer.

Marijuana possession, up to one ounce, is treated like a traffic ticket. $100 fine and there will be no arrest record.

Except traffic tickets don't get taken to a superior court. And traffic tickets have the option to pay the fine without appearing in court. That's where a lot of the confusion is coming into play. In this guy's case it isn't being treated like a traffic ticket so far.